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2017 (7) TMI 295 - AT - Service TaxPenalty - invocation of section 73 of Finance Act, 1994 - appellant claims that the entire tax liability having been discharged before issuance of SCN, hence section 73 not invocable - Held that: - It is very clear from the provisions of section 73 (3) of Finance Act, 1994 that further proceedings are not to be initiated whenever the tax liability alongwith interest thereon has been discharged before crystallisation of the demand. Admittedly, the appellant has not discharged the interest liability. Consequently, recourse to section 73 of Finance Act, 1994 cannot be faulted - The failure to report the receipt of the services from overseas entities is apparent in the ST-3 returns - appeal dismissed - decided against appellant.
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